Children’s Wellbeing and Schools Act 2026

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16EA Section 16E arrangements: multi-agency child protection teams

(1) Arrangements made under section 16E by the safeguarding partners for a local authority area must include the establishment of one or more multi-agency child protection teams for the area for the purpose of providing support to the local authority in connection with the discharge of its duties under section 47 of the Children Act 1989 (duty to investigate where child at risk of significant harm).

(2) The support referred to in subsection (1) includes—

(a) the co-ordination of assistance for the local authority under section 47(9) of the Children Act 1989, and

(b) support of any other kind prescribed by regulations made by the Secretary of State.

(3) A multi-agency child protection team is to consist of—

(a) at least one of each of the persons mentioned in subsection (4), and

(b) such other persons as the local authority considers appropriate after consulting the other safeguarding partners.

(4) The persons referred to in subsection (3)(a) are—

(a) a person, nominated by the director of children’s services for the local authority, with experience in education in relation to children;

(b) a social worker, nominated by the director of children’s services for the local authority, with experience in social work in relation to children;

(c) a registered health professional, nominated by an integrated care board for an area any part of which falls within the area of the local authority, with experience in the provision of healthcare in relation to children;

(d) a police officer nominated by the chief officer of police for a police area any part of which falls within the area of the local authority.

(5) A person may be nominated under a particular paragraph of subsection (4) only if the person satisfies any requirements prescribed by regulations made by the Secretary of State for the purposes of that paragraph.

(6) The requirements that may be prescribed under subsection (5) include, in particular, requirements relating to a person’s qualifications or their experience so far as relating to the safeguarding and promotion of the welfare of children.

(7) Before making regulations under subsection (2)(b) or (5), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.

(8) In this section—

registered health professional means a person on the register of one or more of the following bodies—

(a) the General Medical Council;

(b) the Nursing and Midwifery Council;

(c) the Health and Care Professions Council;

social worker means a person registered as a social worker in the register kept under section 39(1) of the Children and Social Work Act 2017.

16EB Multi-agency child protection teams: co-operation

(1) If the conditions in subsection (2) are met, the safeguarding partners for a local authority area and a relevant agency must together draw up a memorandum setting out how the relevant agency will work with the safeguarding partners to facilitate the operation of MACPT arrangements.

(2) The conditions are that—

(a) the relevant agency is designated for the purposes of this section by regulations made by the Secretary of State;

(b) the safeguarding partners have notified the relevant agency that it is required to work with the safeguarding partners in drawing up a memorandum under this section.

(3) Before making regulations under subsection (2)(a), the Secretary of State must consult such persons (if any) as the Secretary of State considers appropriate.

(4) In this section, “MACPT arrangements” means arrangements made by the safeguarding partners in accordance with section 16EA(1) for the establishment of a multi-agency child protection team.

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(1A) Subject to the following provisions of this section, a child who is being looked after by a local authority in England may not, whilst being kept in relevant accommodation in England, be deprived of their liberty in that accommodation unless it appears—

(a) that—

(i) the child has a history of absconding and is likely to abscond from any other description of accommodation, and

(ii) if the child absconds, the child is likely to suffer significant harm; or

(b) that if the child is kept in any other description of accommodation the child is likely to injure themselves or other persons.

(1B) References in this section to “relevant accommodation” are references to accommodation that—

(a) is provided for the purposes of the care and treatment of children, and

(b) is capable of being used (in whole or in part), in connection with the provision of such care and treatment, for the purpose of depriving children of their liberty.

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(5ZA) Subsections (3) to (5) apply in respect of depriving a child of their liberty in relevant accommodation as they apply in respect of the keeping of a child in secure accommodation.

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(8ZA) For the purposes of this section—

(a) references in subsection (1) to any other description of accommodation do not include relevant accommodation;

(b) references in subsection (1A) to any other description of accommodation do not include secure accommodation.

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30ZK Power to limit profits of relevant providers

(1) The Secretary of State may by regulations provide that any profit made by a relevant provider from carrying on relevant establishments or agencies must not exceed an amount specified in, or determined in accordance with, the regulations.

(2) “Relevant provider” means a person, other than a local authority, who is registered under this Part as carrying on one or more relevant establishments or agencies.

(3) “Relevant establishments or agencies” are—

(a) children’s homes in England, and

(b) fostering agencies in England (or, where the activities of a fostering agency are carried on from two or more branches, the branches in England).

(4) The regulations may make provision about how the profit made by a relevant provider from carrying on relevant establishments or agencies is to be determined.

(5) The provision that may be made by virtue of subsection (4) includes provision about making adjustments for disguised profit arrangements.

(6) Arrangements are “disguised profit arrangements” if—

(a) having regard to all the circumstances, it would be reasonable to conclude that the main purpose, or one of the main purposes, of the arrangements was to reduce profit, and

(b) they meet any other conditions specified in the regulations.

(7) The Secretary of State may make regulations under this section only if satisfied that it is necessary to do so, having regard to the public interest in securing that relevant providers are providing placements on terms which represent value for money.

(8) Before making regulations under this section the Secretary of State must have regard to—

(a) the welfare of children being looked after by local authorities in England,

(b) the interests of local authorities in England, and

(c) the interests of relevant providers (including the opportunity to make a profit).

(9) Before making regulations under this section the Secretary of State must consult—

(a) local authorities in England,

(b) any persons appearing to the Secretary of State to represent the interests of relevant providers, and

(c) such other persons (if any) as the Secretary of State considers appropriate.

30ZL Power to limit profits of relevant providers: supplementary provision

(1) The Secretary of State may by regulations require relevant providers to make an annual return to the Secretary of State for the purpose of determining whether they have complied with any requirement imposed by regulations under section 30ZK.

(2) Regulations under this section may make provision—

(a) about the contents of the return;

(b) about the period in respect of which, and date by which, it is to be made.

(3) Regulations under this section may make provision conferring on the Secretary of State powers to require the provision of information from relevant providers in connection with the contents of the return.

(4) “Relevant provider” has the same meaning as in section 30ZK.

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(2A) Subsection (1) does not apply to regulations under section 30ZK or 30ZL (power to limit profits).

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(b) section 30ZK;

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551ZA School uniforms: limits on branded items

(1) The appropriate authority of a relevant school—

(a) may not require a primary pupil at the school to have more than three different branded items of school uniform for use during a school year;

(b) may not require a secondary pupil at the school to have more than three different branded items of school uniform for use during a school year (or more than four different branded items of school uniform if one of those items is a tie).

(2) Where the relevant school is a middle school, the limits mentioned in subsection (1)(b) apply in relation to all pupils at that school.

(3) For the purposes of subsection (1), a pupil is required to have a branded item of school uniform for use during a school year if the pupil is required to have it—

(a) for general use at school (or for travelling to or from school) during that year, or

(b) to participate in any lesson, club, activity or event facilitated by the school during that year.

(4) “School uniform” means a bag and any clothing required for school or for any lesson, club, activity or event facilitated by the school.

(5) An item of school uniform is “branded” if—

(a) it has the school name or school logo (or for an Academy, the school or proprietor’s name or logo) on or attached to it, or

(b) as a result of its colour, design, fabric or other distinctive characteristic, it is only available from particular suppliers.

(6) In this section—

the appropriate authority means—

(a) in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor;

(b) in relation to a maintained school, the governing body;

(c) in relation to a pupil referral unit, the local authority;

relevant school means a school in England which is—

(a) an Academy school;

(b) an alternative provision Academy;

(c) a maintained school;

(d) a non-maintained special school;

(e) a pupil referral unit not established in a hospital;

primary pupil means a pupil receiving primary education (or receiving education that would be primary education if it were full-time education);

secondary pupil means a pupil receiving secondary education (or receiving education that would be secondary education if it were full-time education);

maintained school has the meaning given by section 437(8);

non-maintained special school has the meaning given by section 337A.

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Children not in school: England

436B Duty to register children not in school

(1) A local authority in England must maintain a register of children who are eligible to be registered by the authority under this section.

(2) A child is eligible to be registered by a local authority under this section if conditions A to C are met.

(3) Condition A is that the child lives in the authority’s area.

(4) Condition B is that the child is of compulsory school age.

(5) Condition C is that—

(a) the child is not a registered pupil or a student registered at a relevant school,

(b) the child is a registered pupil at a relevant school but the proprietor of the school has arranged or agreed that—

(i) the child will receive education otherwise than at that or any other relevant school, and

(ii) the child will be absent for some or all of the time when the child would normally be expected to attend the relevant school, or

(c) the child is a student registered at a relevant school falling within subsection (7)(e) but attends that school on a part-time basis, and is not also a registered pupil at a different relevant school.

(6) Regulations may make provision—

(a) for cases where a child is to be regarded as falling or not falling within subsection (5)(b) or (c);

(b) for cases where a child falling within subsection (5)(b) or (c) is not to be regarded as eligible for registration under this section.

(7) In this section “relevant school” means—

(a) a school maintained by a local authority,

(b) a non-maintained special school (within the meaning given by section 337A),

(c) an Academy school or alternative provision Academy,

(d) a school not falling within paragraph (c) that is registered under section 95 of the Education and Skills Act 2008 (register of independent educational institutions),

(e) an institution in England within the further education sector that provides secondary education suitable to the requirements of children who have attained the age of 14 years, or

(f) an independent educational institution within the meaning of section 92(1) of the Education And Skills Act 2008.

436C Content and maintenance of registers

(1) A register under section 436B must contain the following information in respect of a child registered in it—

(a) the child’s name, date of birth and home address,

(b) the name and home address of each parent of the child,

(c) the name of each parent who is providing education to that child,

(d) the amount of time that the child spends receiving education from each parent of the child,

(e) if the child receives education from a person other than their parent—

(i) the names and addresses of any individuals and organisations involved in providing that education,

(ii) a description of the type of each provider named under sub-paragraph (i),

(iii) the postal address of each place where that education is provided (where different from the address in sub-paragraph (i)) or the website or email address of the provider if that education is provided virtually,

(iv) the total amount of time that the child spends receiving that education and the amount of time the child spends receiving that education without any parent of the child being actively involved in the tuition or supervision of the child.

(2) To the extent that the local authority has the information or can reasonably obtain it, a register under section 436B must also contain such information about, or in connection with, the following matters in respect of a child registered in it as may be prescribed—

(a) the child’s protected characteristics (within the meaning of the Equality Act 2010);

(b) whether the child has any special educational needs, including whether the local authority maintains an EHC plan for the child;

(c) any enquiries being made or that have been made by a local authority under section 47 of the Children Act 1989 (local authority’s duty to investigate) and any actions that are being taken or have been taken by the authority or any other local authority following, or in connection with, enquiries under that section;

(d) whether the child is or has ever been a child in need for the purposes of Part 3 of the Children Act 1989 (see section 17(10) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by section 17 of that Act;

(e) whether the child is or has ever been looked after by a local authority (within the meaning of section 22 of the Children Act 1989);

(f) the reasons why the child meets condition C in section 436B, including any information provided by a parent of the child as to those reasons or, in a case where a parent has not provided that information, the fact that they have not done so;

(g) whether, under arrangements made under section 436A, the child has been identified as a child who is of compulsory school age but who is not a registered pupil at a school and is not receiving suitable education otherwise than at a school;

(h) the school or institution within the further education sector or the type of school or institution (if any) that the child attends or has attended in the past;

(i) whether support is being provided in relation to the child under section 436G and, if so, the nature of the support being provided;

(j) any actions that have been taken by a local authority in relation to the child under sections 436I to 436P (school attendance orders);

(k) any other information about the child’s characteristics, circumstances, needs or interactions with a local authority or educational institutions that the Secretary of State considers should be included in the register for the purposes of promoting or safeguarding the education or welfare of children.

(3) A register under section 436B may also contain any other information the local authority considers appropriate.

(4) Regulations may, in relation to a register under section 436B, make provision about—

(a) how a local authority must maintain the register, including provision relating to—

(i) how the register is to be kept up-to-date;

(ii) the making of changes to the register;

(b) the form of the register;

(c) publication of the register;

(d) registration forms;

(e) how time is to be recorded for the purposes of subsection (1)(d) and (e)(iv);

(f) publicising the register and duties of persons in relation to the register.

(5) No information from a register under section 436B may be published, or made accessible to the public, in a form—

(a) which includes the name or address of a child who is eligible to be registered under that section or of a parent of such a child, or

(b) from which the identity of such a child or parent can be deduced, whether from the information itself or from that information taken together with any other published information.

436D Provision of information to local authorities: parents

(1) A parent of a child who is eligible to be registered by a local authority in England under section 436B must—

(a) inform the local authority that the child is eligible for registration, and

(b) provide the authority with any of the information referred to in section 436C(1) that the parent has.

(2) A parent of a child who is registered by a local authority in England under section 436B must—

(a) provide the authority, on request, with any of the information referred to in section 436C(1) that the parent has,

(b) inform the authority of a change, of which the parent is aware, to any of the information required to be included in the register under section 436C(1), and

(c) inform the authority if the child ceases to be eligible to be registered by that authority under section 436B.

(3) A person must comply with a duty under subsection (1) or (2) before the end of the relevant period.

(4) In subsection (3) “relevant period” means—

(a) in the case of the duty in subsection (1)(a) or (b), the period of 15 days beginning with the date on which the child becomes eligible for registration by the local authority;

(b) in the case of the duty in subsection (2)(a), such period of not less than 15 days as the local authority specify in the request;

(c) in the case of the duty in subsection (2)(b), the period of 15 days beginning with the date on which the parent becomes aware of the change;

(d) in the case of the duty in subsection (2)(c), the period of 15 days beginning with the date on which the child ceases to be eligible to be registered by the local authority under section 436B.

(5) The duties in subsections (1) and (2) do not apply where the child is receiving full-time education by any one or more of the following means—

(a) arrangements made by the local authority under section 19;

(b) arrangements made by the proprietor of a relevant school at which the child is a registered pupil;

(c) arrangements made by the local authority under section 61 of the Children and Families Act 2014 (special educational provision otherwise than in schools, post-16 institutions etc);

(d) attendance at a relevant school.

(6) In this section “relevant school” has the same meaning as in section 436B.

436E Provision of information to local authorities: education providers

(1) This section applies where a local authority in England reasonably believes that—

(a) a person is providing out-of-school education to a child for more than the prescribed amount of time without any parent of the child being actively involved in the tuition or supervision of the child, and

(b) the child is, or is eligible to be, registered by the authority under section 436B.

(2) In this section—

(a) “out-of-school education” means any programme or course of education, or any other kind of structured education, that is provided otherwise than as part of the education provided by a relevant school (within the meaning of section 436B);

(b) “prescribed amount of time” means an amount of time prescribed—

(i) by reference to a number of hours in, or a proportion of, a week or other period;

(ii) by reference to a proportion of the time a child spends receiving education;

(iii) in any other way.

(3) The authority may by notice require the person—

(a) to confirm whether or not the person is providing out-of-school education to any child as mentioned in subsection (1)(a), or has done so at any time during the period of 3 months ending with the date of the notice, and

(b) to provide the authority with the following information in relation to any child (whether or not that child lives in the authority's area) to whom they are providing such education, or to whom they have provided such education during that 3 month period—

(i) the child’s name, date of birth and home address,

(ii) the total amount of time that they provide such education to the child, and

(iii) the amount of time that they provide such education to the child without any parent of the child being actively involved in the tuition or supervision of the child.

(4) A notice under subsection (3) is served if it is sent to or left at the place where the out-of-school education is provided (as well as in the circumstances referred to in section 572(1)).

(5) Before the end of the specified period, the person on whom a notice under subsection (3) is served must comply with the requirement in the notice.

(6) The “specified period” is the period, specified in the notice that—

(a) is at least 15 days, and

(b) begins with the day on which the notice is served.

(7) Regulations may provide for exceptions to the duty in subsection (5).

(8) Where a local authority in England is satisfied that a person on whom a notice under subsection (3) is served has—

(a) failed to comply with their duty under subsection (5), or

(b) provided incorrect information in response to the notice,

the authority may require the person to pay a monetary penalty to the authority in accordance with Schedule 31A.

(9) The amount of the monetary penalty is to be the prescribed amount.

(10) Subsection (8) does not apply in relation to a notice under subsection (3) that is served during the period of 3 months beginning with the day on which section 25 of the Children’s Wellbeing and Schools Act 2025 comes into force.

436F Use of information in the register

(1) A local authority in England must, if the Secretary of State so directs, provide the Secretary of State with information of a prescribed description from their register under section 436B (whether that is information relating to an individual child or aggregated information).

(2) The Secretary of State may provide information received under subsection (1) to a prescribed person if the Secretary of State considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a) the child to whom the information relates, or

(b) any other person under the age of 18.

(3) A local authority in England may provide information from their register under section 436B which relates to a child, to a person mentioned in subsection (4) if the authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a) the child, or

(b) any other person under the age of 18.

(4) For the purposes of subsection (3), the persons are—

(a) a person listed in section 11(1) of the Children Act 2004 (arrangements to safeguard and promote welfare);

(b) Ofsted, meaning—

(i) the Office for Standards in Education, Children's Services and Skills, and

(ii) His Majesty's Chief Inspector of Education, Children's Services and Skills.

(5) Where a local authority in England becomes aware that a child registered in their register under section 436B will move, or has moved, to the area of another local authority in England, the local authority—

(a) must provide the other local authority with any information relating to the child which is contained in the register under or by virtue of section 436C(1) or (2), and

(b) may provide the other local authority with any other information relating to the child which is contained in the register under or by virtue of section 436C(3).

(6) Where a local authority in Wales, Scotland or Northern Ireland makes a request for information from a register under section 436B held by a local authority in England, the local authority in England receiving the request may provide the information if that authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

(a) the child to whom the information relates,

(b) any other person under the age of 18.

(7) A local authority in Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(8) A local authority in Northern Ireland means a Health and Social Care Trust or the Education Authority established under the Education Act (Northern Ireland) 2014.

436G Support

(1) If a parent of a child registered by a local authority in England under section 436B so requests, the local authority must provide support to the parent by securing the provision of advice and information relating to the education of the child.

(2) The advice and information to be provided is whatever the local authority considers fit having regard to the parent’s request and may include—

(a) advice about the education of the child, and

(b) information about sources of assistance for the education of the child.

(3) The duty in subsection (1) does not apply where—

(a) the child is a registered pupil at a relevant school (within the meaning of section 436B),

(b) the local authority is required to make arrangements for the education of the child under section 19 of this Act, or

(c) the local authority is required to secure special educational provision for the child under section 42(2) of the Children and Families Act 2014.

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(2A) A statutory instrument which contains (whether alone or with other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(a) the first regulations under section 436B(6),

(b) regulations under section 436C(2),

(c) the first regulations under section 436C(4),

(d) regulations under section 436E(1)(a),

(e) regulations under section 436E(7),

(f) the first regulations under section 436E(9),

(g) the first regulations under section 436F(1),

(h) regulations under section 436F(2),

(i) regulations under section 550ZA(3)(f),

(j) regulations under section 550ZC(7), or

(k) the first regulations under paragraph 5 of Schedule 31A.

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Schedule 31A² — Failure to provide information under section 436E: monetary penalties

Warning notice

1

(1) Where a local authority in England proposes to require a person to pay a monetary penalty under section 436E(8), the authority must serve a notice on the person of what is proposed (a “warning notice”).

(2) The warning notice must include information as to—

(a) the grounds for the proposal to require payment of the monetary penalty,

(b) the amount of the penalty, and

(c) the person’s right to make representations.

Representations

2 The person on whom the warning notice is served may make written representations to the local authority in relation to the proposed requirement to pay a monetary penalty—

(a) before the end of the period of 14 days beginning with the day on which the notice is served, or

(b) if within that period the person gives written notice of their intention to make representations, before the end of the period of 28 days beginning with that day.

Imposition of penalty

3

(1) Where a person has made representations in response to a warning notice, or the time for doing so has elapsed, the local authority must decide whether to require the person to pay the monetary penalty.

(2) The local authority may not require the person to pay a monetary penalty if the authority is no longer satisfied as mentioned in section 436E(8).

(3) If the local authority decide not to require the person to pay the penalty, the authority must inform the person of that fact.

Penalty notice

4

(1) A requirement to pay a monetary penalty is imposed by a notice served on the person by the local authority (a “penalty notice”).

(2) A penalty notice must include information as to—

(a) the grounds for requiring payment of the monetary penalty,

(b) the amount of the penalty,

(c) how payment may be made,

(d) the period within which payment is to be made (which must be at least 28 days beginning with the day on which the notice is served),

(e) the consequences of late payment (see paragraph 5), and

(f) rights of appeal.

(3) A penalty notice may be withdrawn at any time by the local authority that gave it.

Consequences of late payment

5 If the person on whom a penalty notice is served fails to pay the monetary penalty within the period specified in the notice, the amount of the penalty is increased by the prescribed percentage.

Appeals

6

(1) A person on whom a penalty notice is served may appeal to the First-tier Tribunal on any of the grounds mentioned in sub-paragraph (2).

(2) The grounds are that—

(a) the decision to require payment of the penalty was based on an error of fact;

(b) the decision was wrong in law;

(c) the decision was unreasonable.

(3) On an appeal under this paragraph the First-tier Tribunal may—

(a) quash the penalty notice,

(b) confirm the penalty notice, or

(c) vary the penalty notice by reducing the amount of the monetary penalty.

(4) Where an appeal under this paragraph is made, the requirement to pay the monetary penalty is suspended pending the final determination or withdrawal of the appeal.

Enforcement

7 If a person does not pay the whole or any part of a monetary penalty which the person is required to pay under this Schedule within the time specified in the penalty notice, the penalty or part of the penalty is recoverable as if it were payable under an order of the county court.

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School attendance orders: England

436H Preliminary notice for school attendance order

(1) A local authority in England must serve a preliminary notice on a child’s parent in relation to a child for whom the authority is responsible if it appears to the authority that—

(a) the child is of compulsory school age, and

(b) either condition A or condition B is met.

(2) A local authority in England may serve a preliminary notice on a child’s parent if it appears to the authority that either condition C or condition D is met.

(3) A “preliminary notice” means a notice requiring the child’s parent on whom the notice is served to satisfy the local authority that—

(a) the child is receiving suitable education, where condition A, C or D is relied on to serve the notice;

(b) the child is receiving education that is in their best interests, where condition B is relied on to serve the notice.

(4) Condition A is that the child is not receiving suitable education, either by regular attendance at school or otherwise.

(5) Condition B is that—

(a) the local authority or another local authority is—

(i) conducting enquiries in respect of the child under section 47 of the Children Act 1989 (duty to investigate), or

(ii) taking action under section 47(8) of that Act to safeguard or promote the child's welfare, in a case where the enquiries mentioned in sub-paragraph (i) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31(9) and (10) of that Act),

(b) the child is not regularly attending school, and

(c) it would be in the child's best interests to receive education by regular attendance at school.

(6) Condition C is that—

(a) the child is eligible to be registered by the local authority under section 436B,

(b) the authority has asked the child’s parent for information under section 436D(1), and

(c) the child’s parent has not provided that information before the end of the relevant period (as defined in section 436D(4)(a)), or has provided incorrect information.

(7) Condition D is that the child’s parent is under a duty to provide information to the local authority under section 436D(2) in relation to the child and

(a) has not provided the information before the end of the relevant period (as defined in section 436D(4)), or

(b) has provided incorrect information.

(8) A preliminary notice must—

(a) state which of conditions A to D are relied on to serve the notice,

(b) be served without delay, and in any event before the end of the period of five days beginning with the day on which it appears to the local authority that the requirements of subsection (1) or (2) are met, and

(c) specify the period within which the person must respond to the notice, which must be not less than 15 days beginning with the day on which the notice is served.

436I School attendance orders

(1) A local authority in England must serve an order under this section on a child’s parent if—

(a) the authority has served a preliminary notice on the child’s parent under section 436H,

(b) the child’s parent fails to satisfy the local authority, within the period specified in the notice, that—

(i) the child is receiving suitable education, in a case where condition A, C or D is cited in the notice,

(ii) it is in the best interests of the child to receive education otherwise than by regular attendance at school, in a case where condition B is cited in the notice, and

(c) in the opinion of the authority it is expedient that the child should attend school.

(2) For the purpose of determining whether an order must be served under this section in respect of a child, the local authority—

(a) must consider all of the settings where the child is being educated and where the child lives,

(b) must consider how the child is being educated and what the child is learning, so far as is relevant in the particular case, and

(c) may request the child’s parent on whom the preliminary notice has been served under section 436H to allow the local authority to visit the child inside any of the homes in which the child lives.

(3) If a request under subsection (2)(c) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in deciding whether the child’s parent has failed to satisfy the local authority as mentioned in subsection (1)(b)(i) or (ii).

(4) An order under this section (a “school attendance order”) is an order requiring the person on whom it is served to cause the child to become a registered pupil at a school named in the order.

(5) A school attendance order under this section—

(a) must be served without delay, and in any event before the end of the period of five days beginning with the day on which the authority determines which school is to be named in the order, and

(b) must be in the prescribed form.

(6) A school attendance order under this section continues in force (subject to any amendment made by the local authority) for so long as the child is of compulsory school age, unless—

(a) it is revoked by the authority, or

(b) a direction is made in respect of it under section 436P(6) or 447(5).

(7) Where a maintained school is named in a school attendance order under this section—

(a) the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (5)(a) inform the governing body and the head teacher, and

(b) the governing body and the local authority must admit the child to the school.

(8) Where an Academy school or alternative provision Academy is named in a school attendance order under this section—

(a) the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (5)(a) inform the proprietor and the principal, and

(b) the proprietor must admit the child to the school.

(9) Subsections (7) and (8) do not affect any power to exclude from a school a pupil who is already a registered pupil there.

436J School attendance order for child with EHC plan

(1) Subsections (2) and (3) apply where a local authority is required to serve a school attendance order under section 436I in respect of a child for whom the authority maintains an EHC plan.

(2) Where the EHC plan specifies the name of a school, that school must be named in the order.

(3) Where the EHC plan does not specify the name of a school—

(a) the authority must amend the plan so that it specifies the name of a school, and

(b) that school must then be named in the order.

(4) An amendment to an EHC plan required to be made under subsection (3)(a) is to be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.

(5) Where—

(a) a school attendance order is in force in respect of a child for whom the local authority maintain an EHC plan, and

(b) the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

436K School nomination notice for school attendance order

(1) Before a local authority serves a school attendance order under section 436I on a person in respect of a child, other than a child for whom the authority maintains an EHC plan, the authority must serve a notice on the person under this section (a “school nomination notice”).

(2) A school nomination notice is a notice in writing—

(a) informing the person of the local authority’s intention to serve the order,

(b) specifying the school which the authority intends to name in the order and, if the authority considers it fit, one or more other schools which it regards as suitable alternatives, and

(c) stating the effect of subsections (3) to (6).

For periods within which the school nomination notice must be served, see section 436M(6) and (7).

(3) If the school nomination notice specifies one or more alternative schools and the person selects one of them before the end of the period of 15 days beginning with the day on which the notice is served, the school selected by the person must be named in the order.

(4) If—

(a) within the period mentioned in subsection (3) the person—

(i) applies for the child to be admitted to a school which is an Academy school or alternative provision Academy and notifies the local authority which served the notice of the application, or

(ii) applies for the child to be admitted to a school maintained by a local authority and, where that authority is not the local authority which served the notice, notifies the latter authority of the application, and

(b) the child is offered a place at the school as a result of the application,

that school must be named in the school attendance order.

(5) If—

(a) within the period mentioned in subsection (3) the person applies to the local authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local authority, an Academy school or alternative provision Academy, and

(b) the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by them under section 517,

that school must be named in the school attendance order.

(6) If, within the period mentioned in subsection (3)—

(a) the person—

(i) applies for the child to be admitted to a school which is not maintained by a local authority, an Academy school or an alternative provision Academy and in respect of which no application is made under subsection (5), and

(ii) notifies the local authority by whom the notice was served of the application,

(b) the child is offered a place at the school as a result of the application, and

(c) the school is suitable to the child’s age, ability and aptitude and to any special educational needs the child may have,

that school must be named in the school attendance order.

436L School nomination notice: restrictions

(1) A local authority may not specify a school in a school nomination notice if the child is permanently excluded from it.

(2) A local authority may not specify a maintained school or Academy school in a school nomination notice if the admission of the child would, because of the need to take measures to avoid failing to comply with any duty applicable to the school in relation to class sizes, prejudice the provision of efficient education or the efficient use of resources.

(3) A local authority may not specify a maintained school or Academy school in a school nomination notice if, were the child concerned admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the relevant number.

(4) The relevant number is—

(a) in the case of a maintained school, the number determined in accordance with section 88C or 89 of the School Standards and Framework Act 1998 as the number of pupils in the child’s age group which it is intended to admit to the school in the school year in which the child would be admitted, or

(b) in the case of an Academy school, the number determined in accordance with the Academy arrangements relating to the school or any enactment as the number of such pupils.

(5) Subsection (3) does not prevent a local authority from specifying a maintained school where the authority is responsible for determining the arrangements for the admission of pupils to the school.

(6) Subsection (3) also does not prevent a local authority from specifying a maintained school or Academy school if—

(a) in the opinion of the authority the school is a reasonable distance from the home of the child, and

(b) there is no maintained school or Academy school in their area which—

(i) the authority could specify (apart from subsection (3)), and

(ii) is in the opinion of the authority a reasonable distance from the home of the child.

436M School nomination notice: procedure

(1) Before deciding to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice a local authority must consult—

(a) in the case of a maintained school—

(i) the governing body, and

(ii) if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or

(b) in the case of an Academy school or alternative provision Academy, the proprietor.

(2) Where a local authority decides to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice the authority must, before serving the notice, serve notice in writing of their decision on—

(a) in the case of a maintained school—

(i) the governing body,

(ii) the head teacher, and

(iii) if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or

(b) in the case of an Academy school or alternative provision Academy—

(i) the proprietor, and

(ii) the principal.

(3) A notice under subsection (2) must be served without delay, and in any event before the end of the period of 15 days beginning with the expiry of the period specified in the notice under section 436H.

(4) A person on whom a notice is served under subsection (2)(a)(i) or (iii) or (b)(i) may apply to the Secretary of State for a direction under this section and, if they do so, must inform the local authority which served the notice.

(5) An application under subsection (4) must be made—

(a) if the notice is served on a school day, before the end of the period of 10 school days beginning with the day on which the notice is served, or

(b) if the notice is served on a day that is not a school day, before the end of the period of 10 school days beginning with the first school day following the day on which the notice is served.

(6) If the local authority which served a notice under subsection (2) is not informed of an application under subsection (4) within the period specified in subsection (5), the authority must serve the school nomination notice without delay, and in any event before the end of the period of five days beginning with the day after the day on which the period specified in subsection (5) ended.

(7) Where the Secretary of State gives a direction under this section—

(a) the school or schools to be specified in the school nomination notice are to be determined in accordance with the direction, and

(b) the school nomination notice must be served without delay, and in any event before the end of the period of five days beginning with the day after that on which the direction is given.

436N Amendment of school attendance order

(1) This section applies where a school attendance order under section 436I is in force in respect of a child, other than a child for whom the local authority maintains an EHC plan.

(2) If at any time—

(a) the person on whom the order is served applies for the child to be admitted—

(i) to a school maintained by a local authority, an Academy school or an alternative provision Academy, and

(ii) which is different from the school named in the order,

(b) the child is offered a place at the school as a result of the application, and

(c) the person requests the authority that served the order to amend the order by substituting that school for the one currently named,

the authority must comply with the request.

(3) If at any time—

(a) the person on whom the order is served applies to the authority for the child to be admitted—

(i) to a school not maintained by a local authority, an Academy school or an alternative provision Academy, and

(ii) which is different from the school named in the order,

(b) the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by the authority under section 517, and

(c) the person requests the authority to amend the order by substituting that school for the one currently named,

the authority must comply with the request.

(4) If at any time—

(a) the person on whom the order is served applies for the child to be admitted—

(i) to a school not maintained by a local authority, an Academy school or an alternative provision Academy,

(ii) which is different from the school named in the order, and

(iii) in respect of which no application is made under subsection (3),

(b) the child is offered a place at the school as a result of the application,

(c) the school is suitable to the child’s age, ability and aptitude and to any special educational needs the child may have, and

(d) the person requests the authority to amend the order by substituting that school for the one currently named,

the authority must comply with the request.

436O Revocation of school attendance order on request

(1) This section applies where a school attendance order made by a local authority under section 436I is in force in respect of a child.

(2) The person on whom the order is served may at any time request the local authority to revoke the order on the ground that arrangements have been made—

(a) for the child to receive suitable education otherwise than at a school, where the order was served as a result of the person failing to satisfy the local authority that the child is receiving suitable education;

(b) for the child to receive education, otherwise than at a school, that is in their best interests, where the order was served as a result of the person failing to satisfy the local authority that it is in the best interests of the child to receive education otherwise than by regular attendance at school.

(3) The authority must comply with a request under subsection (2), unless the authority is of the opinion that the arrangements mentioned in subsection (2)(a) or (b), or both, as the case may be, have not been made for the child.

(4) If a person is aggrieved by a refusal of the local authority to comply with a request under subsection (2)—

(a) the person may refer the question to the Secretary of State, and

(b) the Secretary of State must give such direction determining the question as the Secretary of State considers appropriate.

(5) Where the child is one for whom the local authority maintains an EHC plan—

(a) if the name of a school or other institution is specified in the EHC plan, subsection (2) does not apply;

(b) if the name of a school or other institution is not specified in the EHC plan, a direction under subsection (4)(b) may require the authority to make such amendments in the plan as the Secretary of State considers necessary or expedient in consequence of the determination.

436P Offence of failure to comply with school attendance order

(1) If a person on whom a school attendance order under section 436I is served fails to comply with the requirements of the order, the person is guilty of an offence.

(2) Subsection (1) does not apply if the person proves that arrangements have been made—

(a) for the child to receive suitable education otherwise than at a school, where the order was served as a result of the person failing to satisfy the local authority that the child is receiving suitable education;

(b) for the child to receive education, otherwise than at a school, that is in their best interests, where the order was served as a result of the person failing to satisfy the local authority that it is in the best interests of the child to receive education otherwise than by regular attendance at school.

(3) The reference in subsection (1) to failure to comply with the requirements of a school attendance order includes causing a child to cease to be registered at the school named in the school attendance order.

(4) Subsection (3) does not apply in circumstances where—

(a) the school has, pursuant to section 436J or 436N, ceased to be the school named in the school attendance order, or

(b) the school attendance order has been revoked pursuant to section 436O.

(5) A person who—

(a) fails to comply with the requirements of a school attendance order under section 436I by not causing a child to become a registered pupil at the school named in the order, and

(b) is convicted of an offence under this section in respect of the failure,

may be found guilty of an offence under this section again if the failure continues.

(6) If, in proceedings for an offence under this section, the person is acquitted, the court may direct that the school attendance order ceases to be in force.

(7) A direction under subsection (6) does not affect the duty of the local authority to take further action under section 436I if at any time the authority is of the opinion that, having regard to any change of circumstances, it is expedient to do so.

(8) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine not exceeding level 4 on the standard scale (or both).

(9) In subsection (8), “the maximum term for summary offences” means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

(b) if the offence is committed after that time, 51 weeks.

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(4) This section does not preclude any notice or order under sections 436H to 436O (which relate to school attendance orders in England) from being served by any other effective method.

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13A

(1) Where a pupil referral unit is named in a school attendance order made by a local authority in England under section 436I—

(a) the local authority must without delay, and in any event within the period of five days referred to in section 436I(5)(a) inform the teacher in charge of the unit, and

(b) if another local authority is responsible for determining the arrangements for the admission of pupils in the unit, that authority must admit the child to the unit,

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2) Section 436K(4) does not apply in relation to a pupil referral unit.

(3) A local authority in England—

(a) must, in a case where another local authority is responsible for the admission of pupils to a pupil referral unit, consult that authority before deciding to specify that unit in a school nomination notice under section 436K, and

(b) if the authority decides to specify the unit in the notice, must serve notice in writing of their decision on that authority.

(4) Section 436M(3) to (7) applies where notice is served on a local authority under sub-paragraph (3) above as it applies where notice is served under section 436M(2).

(5) The parent of a child in respect of whom a school attendance order under section 436I is in force may not under section 436N request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6) Where a child is a registered pupil at both a pupil referral unit in England and at a school other than such a unit, the references in section 444 to the school at which the child is a registered pupil are to be read as references to the unit.

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99A Inspections on appeal against decision not to register

(1) Where an appeal is brought under section 125(1)(a) against a decision under section 99(2) (standards not likely to be met on registration), the Secretary of State may direct the Chief Inspector to—

(a) inspect the institution which is the subject of the appeal, and

(b) make a report to the Secretary of State on the extent to which any relevant standard is likely to be met in relation to the institution once it becomes a registered independent educational institution.

(2) In this section “any relevant standard” means any independent educational institution standard that is—

(a) specified in the direction by the Secretary of State for the purposes of the inspection, or

(b) considered to be relevant by the Chief Inspector in the circumstances of the case.

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118A Suspension of registration

(1) The Secretary of State may suspend the registration of an independent educational institution if—

(a) the Secretary of State is satisfied that one or more of the independent educational institution standards are not being met in relation to the institution, and

(b) the Secretary of State has reasonable cause to believe that, as a result, one or more students at the institution will or may be exposed to the risk of harm.

(2) In determining the matters in subsection (1)(a) and (b), the Secretary of State must (in particular) take account of any information provided by the Chief Inspector or an independent inspectorate that is relevant.

(3) Before suspending the registration of an institution, the Secretary of State must give the proprietor of the institution a warning notice—

(a) stating that the Secretary of State is proposing to suspend the registration of the institution and explaining the effect of a suspension,

(b) specifying the dates on which the Secretary of State proposes to start and end the suspension,

(c) identifying the standard or standards that are not being met, which the Secretary of State believes will or may result in one or more students being exposed to the risk of harm,

(d) setting out the grounds for that belief, and

(e) specifying the period during which the proprietor may make representations about the proposed suspension (the “specified period”).

(4) The Secretary of State must have regard to any representations made by the proprietor during the specified period in deciding whether to suspend the institution’s registration.

(5) Where the Secretary of State decides not to suspend the institution’s registration, the Secretary of State must give the proprietor of the institution a notice informing the proprietor of the decision.

(6) Where the Secretary of State decides to suspend the institution’s registration, the Secretary of State must give the proprietor of the institution a notice informing the proprietor of the decision and—

(a) specifying the date on which the suspension starts,

(b) specifying the date on which the suspension ends, which must be no more than 12 weeks after the suspension starts, and

(c) explaining the right of appeal conferred by section 125.

(7) Subsections (3) to (6) do not apply where the Secretary of State considers that, in order to protect one or more students at the institution from the risk of harm, it is necessary to suspend an institution’s registration without first seeking representations.

(8) In such a case, the Secretary of State must, as soon as reasonably practicable after deciding to suspend the institution’s registration, give the proprietor a notice—

(a) stating that the Secretary of State has decided to suspend the registration of the institution and explaining the effect of a suspension,

(b) identifying the standard or standards that are not being met, which the Secretary of State believes will or may result in one or more students being exposed to the risk of harm,

(c) setting out the grounds for that belief,

(d) specifying the date on which the suspension starts,

(e) specifying the date on which the suspension ends, which must be no more than 12 weeks after the suspension starts, and

(f) explaining the right of appeal conferred by section 125.

(9) The suspension of an institution’s registration does not affect the continuation of the registration (but see section 118C: offence of providing education at an institution when its registration is suspended).

(10) Where an institution’s registration is suspended, the Secretary of State must include an indication to that effect on the register for the period of the suspension.

(11) For the purposes of this section and section 118B “harm” has the meaning given by section 31(9) of the Children Act 1989.

118B Period of suspension

(1) A suspension under section 118A—

(a) takes effect on the date specified in the notice of suspension under section 118A(6) or (8), and

(b) ends on the date specified in that notice, subject to subsections (2) to (4).

(2) The Secretary of State must lift a suspension of an institution’s registration if the condition mentioned in section 118A(1)(b) is no longer met.

(3) The Secretary of State may lift a suspension of an institution’s registration if the Secretary of State considers it appropriate to do so.

(4) The Secretary of State may extend a suspension of an institution’s registration for a period of not more than 12 weeks if the conditions mentioned in paragraphs (a) and (b) of section 118A(1) are still met.

(5) Before extending a suspension of an institution’s registration, the Secretary of State must give the proprietor of the institution a warning notice—

(a) stating that the Secretary of State is proposing to extend the suspension,

(b) specifying the date on which the Secretary of State proposes to end the extension,

(c) identifying the standard or standards that are not being met, which the Secretary of State believes will or may result in one or more students being exposed to the risk of harm (which need not be the same standards mentioned in the notice for the previous period of suspension),

(d) setting out the grounds for that belief (which need not be the same grounds mentioned in the notice for the previous period of suspension), and

(e) specifying the period during which the proprietor may make representations about the proposed extension (the “specified period”).

(6) The Secretary of State must have regard to any representations made by the proprietor during the specified period in deciding whether to extend the suspension.

(7) Where the Secretary of State decides not to extend the suspension, the Secretary of State must give the proprietor of the institution a notice informing the proprietor of the decision.

(8) Where the Secretary of State decides to extend the suspension, the Secretary of State must give the proprietor a notice informing the proprietor of the decision and—

(a) specifying the date on which the extension ends, and

(b) explaining the right of appeal conferred by section 125.

(9) Subsections (5) to (8) do not apply where the Secretary of State considers that, in order to protect one or more students at the institution from the risk of harm, it is necessary to extend the suspension of an institution’s registration without first seeking representations.

(10) In such a case, the Secretary of State must, as soon as reasonably practicable after deciding to extend the suspension, give the proprietor a notice—

(a) stating that the Secretary of State has decided to extend the suspension,

(b) identifying the standard or standards that are not being met, which the Secretary of State believes will or may result in one or more students being exposed to the risk of harm (which need not be the same standards mentioned in the notice for the previous period of suspension),

(c) setting out the grounds for that belief (which need not be the same grounds mentioned in the notice for the previous period of suspension),

(d) specifying the date on which the extension ends, which must be no more than 12 weeks after the extension starts, and

(e) explaining the right of appeal conferred by section 125.

(11) Where the Secretary of State extends the suspension of an institution’s registration, the suspension lasts until the date specified in the notice under subsection (8)(a) or (10)(d), unless it is lifted under subsection (2) or (3) or extended again under subsection (4).

118C Offence of conducting institution when its registration is suspended

(1) The proprietor of an independent educational institution that provides education or supervised activity to one or more students while its registration is suspended is guilty of an offence.

(2) It is a defence for a person charged with an offence under subsection (1) to prove that—

(a) they and the head teacher of the institution (if a different person) did not know and could not reasonably have been expected to know of the existence of the notice given under section 118A or 118B that caused the suspension to have effect at the time of the alleged offence, or

(b) the conduct prohibited by subsection (1) ceased as soon as reasonably practicable after that notice was given.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or to a fine (or to both).

(4) “The maximum term for summary offences” means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months;

(b) if the offence is committed after that time, 51 weeks.

(5) For the purposes of this section “supervised activity” does not include the boarding of students (see section 118D for provision about stopping boarding).

118D Suspension of registration: requirement to stop providing boarding accommodation

(1) Where the Secretary of State suspends the registration of a boarding institution, the Secretary of State may impose on the proprietor of the institution a requirement to stop providing boarding accommodation to its students (a “stop boarding requirement”).

(2) A stop boarding requirement may relate to all boarders at the institution or boarders of a particular description.

(3) Before imposing a stop boarding requirement on the proprietor of a boarding institution, the Secretary of State must give the proprietor notice in accordance with—

(a) subsections (4) and (8),

(b) subsection (9), or

(c) in the case of a new stop boarding requirement imposed under section 118E, that section.

(4) Where the Secretary of State gives a warning notice under section 118A(3) (notice of proposed suspension of registration) to the proprietor of a boarding institution, the notice must also—

(a) state whether the Secretary of State is proposing to impose a stop boarding requirement, and

(b) if the Secretary of State is proposing to do so—

(i) explain the effect of a stop boarding requirement,

(ii) specify whether the proposed requirement would relate to all boarders at the institution or, if not, the description of boarders to whom it would relate,

(iii) specify the dates on which the Secretary of State proposes to start and end the requirement, and

(iv) explain that the proprietor may make representations about the proposed requirement during the period specified in the notice for representations about the proposed suspension (the “specified period”).

(5) The Secretary of State must have regard to any representations made by the proprietor during the specified period in deciding whether to impose a stop boarding requirement.

(6) Subsections (7) and (8) apply where the Secretary of State has given the proprietor of a boarding institution a warning notice under section 118A(3) which states that the Secretary of State is proposing to impose a stop boarding requirement.

(7) Where the Secretary of State decides not to impose a stop boarding requirement on the proprietor of the institution—

(a) in a case where the Secretary of State also decides not to suspend the institution’s registration, the Secretary of State must give the proprietor a notice of the decision not to impose a stop boarding requirement at the same time as the Secretary of State gives the notice under section 118A(5);

(b) in a case where the Secretary of State decides to suspend the institution’s registration, the notice under section 118A(6) (notice of decision to suspend registration following warning notice) must state that the Secretary of State has decided not to impose a stop boarding requirement.

(8) Where the Secretary of State decides to impose a stop boarding requirement on the proprietor of the institution, the notice under section 118A(6) (notice of decision to suspend registration following warning notice) given to the proprietor must also inform the proprietor of that decision and—

(a) specify whether the requirement relates to all boarders at the institution or, if not, the description of boarders to whom it relates,

(b) specify the date on which the requirement starts, which may be on the same date as the suspension starts or on a later date,

(c) specify the date on which the requirement ends, which may be on the same date as the suspension ends or on an earlier date, and

(d) explain the right of appeal conferred by section 125.

(9) Where the Secretary of State decides to impose a stop boarding requirement on the proprietor of a boarding institution in a case where the Secretary of State has not given the proprietor a warning notice under section 118A(3) (see section 118A(7)), the notice under section 118A(8) (notice of decision to suspend registration in urgent cases) given to the proprietor must also—

(a) state that the Secretary of State has decided to impose a stop boarding requirement and explain the effect of a stop boarding requirement,

(b) specify whether the requirement relates to all boarders at the institution or, if not, the description of boarders to whom it relates,

(c) specify the date on which the requirement starts, which may be on the same date as the suspension starts or on a later date,

(d) specify the date on which the requirement ends, which may be on the same date as the suspension ends or on an earlier date, and

(e) explain the right of appeal conferred by section 125.

(10) Where a stop boarding requirement is imposed in relation to a boarding institution, the Secretary of State must include an indication to that effect on the register for the period of the requirement.

(11) In this section and sections 118E and 118F—

boarding institution means an independent educational institution that provides boarding accommodation for some or all of its students;

stop boarding requirement has the meaning given in subsection (1);

and references to an institution providing boarding accommodation to students include an institution arranging for boarding accommodation to be provided to its students by another person.

118E Period of stop boarding requirement

(1) A stop boarding requirement—

(a) takes effect—

(i) on the date specified in the notice of suspension under section 118A(6) or (8) (see section 118D(8) and (9)), or

(ii) in the case of a new stop boarding requirement imposed under this section, on the date specified in the notice of extension under section 118B(8) or (10) (see subsections (10) and (11)), and

(b) ends on the date specified in that notice, subject to subsections (2) to (4).

(2) A stop boarding requirement imposed on the proprietor of a boarding institution ends if the suspension of the institution’s registration is lifted (see section 118B(2) and (3)).

(3) The Secretary of State may end a stop boarding requirement early if the Secretary of State considers it appropriate to do so.

(4) Where the Secretary of State extends the suspension of a boarding institution’s registration, the Secretary of State may—

(a) extend an existing stop boarding requirement, or

(b) impose a new stop boarding requirement (either where no such requirement was imposed previously, or to replace a previous requirement with one with different terms).

(5) Before extending an existing stop boarding requirement or imposing a new one under this section, the Secretary of State must give the proprietor notice in accordance with—

(a) subsections (6) and (10), or

(b) subsection (11).

(6) Where the Secretary of State gives a warning notice to the proprietor of a boarding institution under section 118B(5) (notice of proposed extension of suspension), the notice must also—

(a) state whether the Secretary of State is proposing to extend an existing stop boarding requirement or impose a new one,

(b) if the Secretary of State is proposing to impose a new stop boarding requirement—

(i) explain the effect of a stop boarding requirement,

(ii) specify whether the proposed requirement would relate to all boarders at the institution or, if not, the description of boarders to whom it would relate,

(iii) specify the dates on which the Secretary of State proposes to start and end the requirement, and

(iv) explain that the proprietor may make representations about the proposed requirement during the period specified in the notice for representations about the proposed extension of the institution’s suspension (the “specified period”);

(c) if the Secretary of State is proposing to extend an existing stop boarding requirement—

(i) specify the date on which the Secretary of State proposes to end the extension, and

(ii) explain that the proprietor may make representations about the proposed extension of the stop boarding requirement during the period specified in the notice for representations about the proposed extension of the institution’s suspension (the “specified period”).

(7) The Secretary of State must have regard to any representations made by the proprietor during the specified period in deciding whether to extend an existing stop boarding requirement or impose a new one.

(8) Subsections (9) and (10) apply where the Secretary of State has given the proprietor of a boarding institution a warning notice under section 118B(5) (notice of proposed extension of suspension) which states that the Secretary of State is proposing to impose or extend a stop boarding requirement.

(9) Where the Secretary of State decides not to impose or extend a stop boarding requirement on the proprietor of the institution—

(a) in a case where the Secretary of State also decides not to extend the suspension of the institution’s registration, the Secretary of State must give the proprietor a notice of the decision not to impose a stop boarding requirement at the same time as the Secretary of State gives the notice under section 118B(7);

(b) in a case where the Secretary of State decides to extend the suspension of the institution’s registration, the notice under section 118B(8) (notice of decision to extend suspension following warning notice) must state that the Secretary of State has decided not to impose or extend a stop boarding requirement.

(10) Where the Secretary of State decides to impose or extend a stop boarding requirement on the proprietor of a boarding institution, the notice under section 118B(8) (notice of decision to extend suspension following warning notice) given to the proprietor must also inform the proprietor of the decision and—

(a) in the case of a decision to impose a new stop boarding requirement—

(i) specify whether the requirement relates to all boarders at the institution or, if not, the description of boarders to whom it relates,

(ii) specify the date on which the requirement starts,

(iii) specify the date on which the requirement ends, which may be on the date that the suspension ends or an earlier date, and

(iv) explain the right of appeal conferred by section 125;

(b) in the case of a decision to extend a stop boarding requirement—

(i) specify the date on which the extension ends, which may be on the date that the suspension ends or an earlier date, and

(ii) explain the right of appeal conferred by section 125.

(11) Where the Secretary of State decides to impose or extend a stop boarding requirement on the proprietor of a boarding institution in a case where the Secretary of State has not given the proprietor a warning notice under section 118B(5) (see section 118B(9)), the notice under section 118B(10) (notice of decision to extend suspension in urgent cases) given to the proprietor must also inform the proprietor of the decision and—

(a) in the case of a decision to impose a new stop boarding requirement—

(i) explain the effect of a stop boarding requirement,

(ii) specify whether the requirement relates to all boarders at the institution or, if not, the description of boarders to whom it relates,

(iii) specify the date on which the requirement ends, which may be on the date that the suspension ends or an earlier date, and

(iv) explain the right of appeal conferred by section 125;

(b) in the case of a decision to extend a stop boarding requirement—

(i) specify the date on which the requirement ends, which may be on the date that the suspension ends or an earlier date, and

(ii) explain the right of appeal conferred by section 125.

(12) Where the Secretary of State extends a stop boarding requirement under this section, the requirement lasts until the date specified in the notice under section 118B(8) or (10) (see subsections (10) and (11)), unless it ends earlier by virtue of subsection (2) or (3) or is extended again under subsection (4)(a).

118F Offence of providing boarding accommodation in breach of stop boarding requirement

(1) The proprietor of a boarding institution that provides boarding accommodation to a student in breach of a stop boarding requirement is guilty of an offence.

(2) It is a defence for a person charged with an offence under subsection (1) to prove that—

(a) they and the head teacher of the institution (if a different person) did not know and could not reasonably have been expected to know of the existence of the notice given under section 118A or 118B that caused the stop boarding requirement to have effect at the time of the alleged offence, or

(b) the conduct prohibited by subsection (1) ceased as soon as reasonably practicable after that notice was given.

(3) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or to a fine (or to both).

(4) “The maximum term for summary offences” means—

(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months;

(b) if the offence is committed after that time, 51 weeks.

(5) If boarding accommodation is provided under an arrangement between a boarding institution and another person, it is irrelevant for the purposes of this section when that arrangement was made.

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(4A) Where the Tribunal is considering disposing under subsection (3)(b) or (c) of an appeal under subsection (1)(d), it must—

(a) have due regard to the principle that the independent educational institution standards should be met, and to the likelihood that they will be met in relation to the institution which is the subject of the appeal, on an ongoing basis, and

(b) for that purpose, assume those standards will not be met in relation to the institution on an ongoing basis unless its proprietor adduces sufficient evidence in the course of the appeal to satisfy the Tribunal that they will be.

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(6) In relation to information supplied pursuant to section 98(3)(ea) (buildings used by students), subsection (5)(c) does not require the Secretary of State to include in the register—

(a) any information about a building if its address is the same as the address to be included in the register under subsection (5)(a), or

(b) if the address of a building is different to that address, any information about it other than its address,

and an address included in the register in accordance with paragraph (b) is not a registered address of the institution for the purposes of section 137 (service of notice).

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(2) “A material change” means any of the following—

(a) a change of proprietor;

(b) a change of address;

(c) a change to the age range of students;

(d) a change to the maximum number of students;

(e) a change to whether the institution is for male or female students or both;

(f) a change to whether the institution provides accommodation for students;

(g) a change of the buildings occupied by the institution and made available for student use (see subsections (2B) and (2C));

(h) a change to whether the institution is a special institution;

(i) in the case of a special institution, a change to the type or types of special educational needs (as prescribed under section 98(3A)) for which it makes special educational provision.

(2A) For the purposes of subsection (2)(f) an institution providing accommodation includes providing it under arrangements with other persons (other than in connection with a residential trip away from the institution).

(2B) For the purposes of subsection (2)(g)—

(a) “building” means any—

(i) building,

(ii) part of a building, or

(iii) permanent outdoor structure,

which is wholly or mainly enclosed;

(b) the circumstances where a building is “occupied” by an institution include the institution occupying the building only during a school day or part of a school day;

(c) a building is made available “for student use” if it will be routinely used by students at the institution for a purpose connected with education.

(2C) Subsection (2)(g) does not include a change that is reasonably expected by the proprietor to persist for a period of less than six months beginning with the day on which the change is made, but such a change becomes a material change if, at the beginning of the first day after the end of that period, it persists.

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(3) Regulations may specify—

(a) the information that must be contained in an application for approval under this section, and

(b) the manner in which an application must be made.

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103 Inspections relating to applications for approval

(1) Where an application for approval of a material change is made under section 102 or an appeal is brought under section 125(1)(b) against a decision not to approve a material change, the Secretary of State may direct the Chief Inspector to—

(a) inspect the institution, and

(b) make a report to the Secretary of State on all or particular matters that the Secretary of State must consider in determining the application (see section 104(1A) and (1B)).

(2) Where such an application is made or such an appeal is brought, the Secretary of State may arrange for an independent inspectorate, which has been approved under section 106 in relation to the institution, to—

(a) inspect the institution, and

(b) make a report to the Secretary of State on all or particular matters that the Secretary of State must consider in determining the application.

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